NATIONAL INSURANCE CO.LTD Vs. JESUDAS C.P

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the insurance company against the judgment dated 14.09.2015 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short).

(2.) Facts leading to filing of this appeal briefly stated are that on 29.11.2013, at about 1.00 p.m., deceased viz., Uday Kumar was walking on 15th Cross Ring Road, on the foot path and while walking, he slipped and fell down near Puttenhalli under pass, Bengaluru. At that time, a Cement Mixer Lorry viz., the offending vehicle bearing registration No.KA01-B-3046 which was being driven by its driver in a rash and negligent manner. The driver of the lorry lost control over the vehicle and ran over the head of the deceased. As a result of the aforesaid accident, the deceased succumbed to the injuries on the spot.

(3.) The claimants thereupon filed a petition under Section 166 of the Act inter alia on the ground that the deceased was aged about 38 years at the time of accident and was employed as Assistant Manager in New India Assurance Company, Bangalore and was earning a monthly salary of Rs.40,000/-. It was further pleaded that accident took place solely on account of rash and negligent driving of the driver of the Cement Mixer Lorry. The claimants claimed compensation to the tune of Rs.50,00,000/- along with interest.